Balancing Protection and Rights: Success in Protection Order Proceedings

We secured the dismissal of an application for a protection order in a case where a provisional protection order had been issued on the basis of a risk assessment form completed using the statements of the person reporting the violence.

Although the Târgu Mureș District Court considered this standard sufficient for the provisional measure, given the urgent and preventive nature of the proceedings, the way in which we developed and presented the defence led to the dismissal of the application for a protection order against our client. The Târgu Mureș District Court therefore found that compliance with the legal requirements had not been proven and that issuing the order would have resulted in an unlawful restriction of the client’s rights and freedoms. The judgment became final as no appeal was lodged.

Domestic violence is a serious phenomenon that calls for swift and effective protection mechanisms. Precisely for this reason, these instruments must be used exclusively for their intended purpose, and a rigorous defence remains essential when they are used in a distorted or disproportionate manner.

Given the urgent nature of the case and the exceptionally short procedural deadlines, preparing the case required swift and coordinated action by Dan-Adrian Cărămidariu, PhD, attorney-at-law, attorney-at-law Mihai Bunu and attorney-at-law Dorian Faur.